Arbitration International Arbitration Practices 2

Question 1

What is 'investment arbitration' under Bilateral Investment Treaties (BITs)?

Accepted Answer

Dispute resolution between foreign investors and host states under treaty protections

Answer

Investment arbitration allows foreign investors to bring claims directly against host states for breaches of investment protections under bilateral or multilateral treaties.

Question 2

What does ICSID stand for and what disputes does it handle?

Accepted Answer

International Centre for Settlement of Investment Disputes — investor-state disputes

Answer

ICSID (International Centre for Settlement of Investment Disputes) is a World Bank institution specializing in investor-state arbitration under investment treaties.

Question 3

In international arbitration, what is a 'Terms of Reference' document used for under ICC Rules?

Accepted Answer

Summarizing the parties' claims, issues in dispute, and procedural details at the outset

Answer

The ICC Terms of Reference is signed at the outset and defines the parties, claims, issues to be determined, and procedural matters, acting as a roadmap for the arbitration.

Question 4

What is 'forum non conveniens' and how does it affect international arbitration?

Accepted Answer

A court doctrine that can dismiss litigation in favor of a more appropriate forum, but generally does not apply to arbitration enforcement

Answer

Forum non conveniens allows courts to dismiss cases for more appropriate venues, but US courts generally do not apply it to enforcement of international arbitration agreements.

Question 5

What is the significance of the Panama Convention (Inter-American Convention on International Commercial Arbitration) for US practitioners?

Accepted Answer

It provides an alternative treaty basis for recognizing arbitration agreements and awards in Inter-American contexts

Answer

The Panama Convention provides an alternative treaty basis for enforcing arbitration agreements and awards among signatory nations in the Western Hemisphere.

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration International Arbitration Practices 2